Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Court can summon persons who have been charge sheeted as accused on the basis of examination-of-chief of a witness - It is not necessary that witness should be cross-examined before such person can be summoned u/s 319 Cr.P.C...........
Civil Procedure Code, 1908, Order 5, Rule 17, 19 -- Service of summons - To prove the effective service of notice upon defendant U.O.5.R.17 CPC, Process Server/Court Amin has to verify the return of summon by filing his personal affidavit as enunciated U.O.5.R.19 CPC - Return of summon in case not verified by the affidavit of Serving Officer - Court shall examine him on..........
Civil Procedure Code, 1908, Order 5, Rule 17, 19 -- Service of summons - To prove the effective service of notice upon defendant U.O.5.R.17 CPC, Process Server/Court Amin has to verify the return of summon by filing his personal affidavit as enunciated U.O.5.R.19 CPC - Return of summon in case not verified by the affidavit of Serving Officer - Court shall examine him on..........
Civil Procedure Code, 1908, Order 17, Rule 1, 2 -- Closure of evidence of plaintiff - Plaintiff has deposited the diet expenses - Once diet expenses stood deposited, it was duty of Court to issue summons to witnesses of plaintiff for securing their presence - However, without summoning of witnesses of plaintiff, his evidence has been closed - Case of plaintiff has been..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Accused was not initially named in the FIR - It was only when complainant saw the CD he came to know that accused was also one of accomplices of offenders - However, said CD has not come in evidence before trial Court - Statement of complainant alone cannot form basis to summon accused as an..........
Civil Procedure Code, 1908, Section 30, 32, Order 16, Rule 10, 12 -- Summoning of police official - Diet money deposited - Evidence closed without making any effort to summon said official witness - Presence of such witness cannot be secured without assistance of Court - Impugned order set aside - Trial Court to ensure the issuance of process against summoned witness...........
Negotiable Instruments Act, 1881, Section 138, 145(2), Evidence Act, 1872, Section 137, 138 -- Dishonour of cheque - Re-examination of complainant or any other person - Words `summon and examine any person giving evidence in affidavit' in 145(2) NI Act also includes power of Court to summon and re-examine such witness/person...........
Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit - Leave to defend - Cannot be sought by defendant at the stage when he enters appearance in response to summon for appearance - If application for leave to defend had been made at that stage by defendant, it ought to be dismissed as premature...........
Criminal Procedure Code, 1973, Section 311 -- Recall of a witness - Power of Court to recall any witness or witnesses already examined or to summon any witness can be invoked even if evidence in both sides is closed so long as Court retains seisin of criminal proceedings...........
Criminal Procedure Code, 1973, Section 311 -- Recall of a witness - If evidence of any witness appears to Court to be essential for just decision of case, it is power of Court to summon and examine or recall and re-examine any such person...........
